H.C v C.C (1661/2024) [2024] ZAECQBHC 53 (3 September 2024)
Court
Eastern Cape High Court, Gqeberha
Case number
1661/2024
Judge
Z.Z. Matebese
Rule 43 interim relief in a divorce matter: condonation was granted, the abuse-of-process objection failed, and interim maintenance and a costs contribution were ordered.
The court found that the plaintiff and defendant both contributed significantly to the family business and enjoyed a high standard of living. The plaintiff's earning capacity was limited, while the defendant maintained substantial income and assets, including control over trust property. The defendant's extramarital affair was the primary cause of the marriage breakdown, and the plaintiff's maintenance needs were reasonable given her accustomed lifestyle. The court held that lifelong maintenance was appropriate, including medical expenses and provision of a house as part of the plaintiff's ma…